These General Terms and Conditions ("T&C") govern the relationship between SWISS FIN LAB GmbH, Giesshübelstrasse 62e, 8045 Zurich, Switzerland ("we", "us", "Operator") and persons who enable and support the use of the following online services as partners (hereinafter "Partner" or "you"). The current version of the T&C are available on the website app.zoa-gdpr.com/en/terms-partner/.
We provide internet-based software-as-a-service services for the implementation of important EU GDPR requirements. The software serves to enable the gathering of data processing by natural or legal persons (hereinafter "User") as required by the EU GDPR and at the same time it serves that the User can collaborate directly with you as a Partner via the software. The software requires that the User works with a Partner and cannot be used without a Partner. There is only a license fee for the User, you as a Partner can use the software free of charge. The relationship between you as a Partner and the User remains unaffected by these T&C.
Other, additional, or special conditions may apply with regards to individual or additional services and as agreed between you and us separately to these T&C's.
The Software enables the collecting of the User's personal data processing activities as required by the EU GDPR and document data protection related activities.
The Software enables the creation of reports in connection with the disclosure obligation according to the EU GDPR.
The User can centrally store information concerning the company relevant for data protection.
The Software simplifies collaboration with Users. The User's account is connected to a Partner account. The Partner has direct access to the User's information, which should enable them to directly clarify any problems or legal questions.
A description of included features of the Software can be found on the website www.zoa-gdpr.com.
For the User to be able to use the software, you as a Partner must send the User a Partner-specific registration code. The User can register to use the software only with this registration code. The User account created with the registration code is linked to the Partner in such a way that the Partner has access to the data entered by the User and can also edit this data. Any changes made by both the User and the Partner are documented and saved by the software.
As a Partner, you are free to work with several Users. In the Partner portal of the software, the respective Users are displayed separately, so that independent processing of individual Users is guaranteed.
As a Partner, you agree to use our software in accordance with the regulations and - if and to the extent applicable - in particular in compliance with the EU GDPR. You are obliged to follow our instructions for the use of the software within the scope of these T&C. Furthermore, you are obliged to place only those orders that contain complete and accurate information.
The use of the software as a Partner is free of charge, whereby we charge CHF 200/h for support requests that exceed our standard support service of a maximum of one (1) working hour per month. In case of chargeable support requests, we will inform you in advance by e-mail about the expected costs.
A license fee is charged to the User, whereby we publish the currently valid services and prices on our website www.zoa-gdpr.com. All prices are exclusive of VAT, unless expressly stated otherwise.
The software requires that a User purchases a valid license from us. All rights and obligations regarding data storage and data transmission are therefore governed by the T&C for Users.
As a Partner, you also get access to the User's data, so that you as an expert can support and advise the User in using the software. However, all rights to the stored and processed data remain with the User.
SWISS FIN LAB GmbH
8045 Zurich, Switzerland
Commercial register: CHE-245.787.857 in Zurich, Switzerland
All notifications must be sent electronically in written form to the email address provided at registration and thus meet the written requirement.
We would also like to encourage you to send questions, comments, problems etc. to - and thus participate in the development and design of the software. We strive to treat you as a Partner with respect, which means that we value and consider all forms of communication and participation.
Provided there is a functioning Internet connection, the software is generally always available, whereby we guarantee on working days between 8:00 and 18:00 an availability of 95% as an annual average.
The software may not be accessible if adaptations to the object of the contract or the detection and rectification of malfunctions for technical and design reasons require a temporary interruption of the provision of the software. We will inform you in good time of any foreseeable interruptions in the availability of the software (at least 24 hours before). Should it not be possible to correct errors within one working day of the error being reported, we will inform you by e-mail and let you know how long it will take to correct the error, when the software will be available again and which work-arounds may exist for the problem in the meantime.
We guarantee the functionality and usability of the software in accordance with the provisions of these T&C.
Within the framework of legal provisions, the Operator excludes any liability towards the Partner (or any third party), in particular for the fulfilment of his contractual and non-contractual obligations and for the loss of data and loss of profits (including for negligence). This exclusion of liability also applies to damages caused directly or indirectly by the use of the software.
You are required to keep your data free of viruses or other harmful components before entering it into the software. Should defective data impair or damage the software or the server on which this data is stored, we reserve the right to assert claims for damages.
The User decides which Partner he wants to work with. The User is free to terminate the relationship with you as a Partner at any time with immediate effect. In this case, we will immediately suspend your Partner access on behalf of the User. If you are registered as a Partner for other Users, these remain unaffected by that suspension.
If individual provisions of this agreement are or become ineffective, this shall not affect the validity of the remaining provisions.
The Operator is entitled to name the Partner - subject to his written objection - publicly as a reference and to use general information about the signed agreement in an appropriate manner for marketing and sales purposes.
All copyrights, trademarks or other intellectual property rights that exist in or are used in connection with the software are and remain the sole property of the Operator. The Operator grants the Partner a non-exclusive (simple) right of use for the software made available for use. Any use, duplication and distribution or processing of the contents and software and/or use of the trademarks and other contents not expressly permitted by these T&C without our explicit consent is not permitted.
We expressly reserve the right and you agree that we may transfer the entire contractual relationship to third parties (e.g. a PLC).
These T&C are subject to Swiss law. To the extent permitted by law, the applicability of the UN Convention on Contracts for the International Sale of Goods (CISG, SR 0.221.211.1) is excluded in the same way as the conflict of laws provisions of the Federal Act on Private International Law (IPRG, SR 291). The place of jurisdiction is Zurich. (Partial) mandatory places of jurisdiction remain reserved (cf. Art. 32 and 35 CCP for consumers). Unless otherwise agreed, Zurich is also the place of performance and the place of debt collection for Users not resident in Switzerland.